Effective December 1, 2022

This KFCTT Card Agreement (“Agreement”) is between you and Prestige Holdings Limited (“we” or “us”) and describes the terms and conditions that apply to your KFCTT Card. By buying, loading or using your KFCTT Card, you agree to these terms.

This Agreement includes an Arbitration provision that governs any disputes between you and us.

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your KFCTT Card by electronic means, including posting such materials online at https://www.kfc.tt/GiftCard

About Your Account

We issue the KFCTT Card to you. It allows you to load a dollar value onto your KFCTT Card for use at participating KFCTT stores in Trinidad and Tobago. The dollar value that you load onto your KFCTT Card is a prepayment for the goods and services of participating stores. We offer the KFCTT Card to make it easier for you to shop with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your KFCTT Card is non-refundable and may not be redeemed for cash. The value on your KFCTT Card is not insured and it does not earn interest. To find out if a particular store will accept the KFCTT Card, please inquire at that store.

KFCTT Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use KFCTT Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Loading Value on Your Card

In Trinidad and Tobago, you can load value on your KFCTT Card by visiting any participating store, or by calling 800-4KFC. There may be a delay from the time you pay the amount to be loaded onto your KFCTT Card and those funds being available for use.

You may not have more than TT$500 in value on any of your KFCTT Cards at any time. There is a minimum amount that you may load on any KFCTT Card at any given time, and that amount is TT$50. We may change any of these amounts at any time without notice to you.

If you use a credit or debit card to purchase or reload your KFCTT Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or we may attempt to contact you for additional information prior to authorizing the Transaction amount.

For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or chequing account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfilment of your Transaction. If your Transaction is cancelled, we will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

All amounts loaded onto your KFCTT Card are denominated in Trinidad and Tobago Dollars (TT$).

Use of KFCTT Cards by Businesses

There are unique requirements and restrictions on the use of KFCTT Cards by businesses such as the prohibitions against reselling KFCTT Cards and using KFCTT Cards to solicit new customers. Please see the details on our site at https://www.kfc.tt/GiftCard

Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs associated with the KFCTT Card program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

Fees and Expiration of Card Balances

We do not charge any activation, service, dormancy or inactivity fees in connection with your KFCTT Card. Your KFCTT Card has no expiration date nor does the value on your KFCTT Card ever expire.

KFCTT Cards That Are Also Merchandise

Some KFCTT Cards are also merchandise or are bundled with merchandise, such that the purchase price of the bundled item is equal to the dollar value loaded onto the KFCTT Card plus the retail value of the merchandise component. Although the KFCTT Card component and the merchandise component must be purchased together for such items, to the extent that the components are separable, we may in our sole discretion allow returns of the merchandise component if you choose to keep only the KFCTT Card. In cases where the merchandise component is inseparable from the KFCTT Card, we may in our sole discretion allow you to return the item by issuing you a refund for the value of the merchandise component and a replacement KFCTT Card loaded with the original value of the KFCTT Card component. In either case, the requirements for returning the merchandise component are the same as the requirements for returns of other merchandise unless otherwise specified by us during your purchase of that merchandise.

Receipts and Transaction History

When you use your KFCTT Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a KFCTT Card and will provide the remaining balance of your KFCTT Card. You can check the balance of your KFCTT Card in store or by calling 800-4KFC. You will need to have your KFCTT Card available in order to access your account. The account balance for a KFCTT Card also will appear on your receipt from a point-of-sale register. We will not send you statements of activity on your KFCTT Card.

Billing Errors, Corrections

We will correct the balance of your KFCTT Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your KFCTT Card, please call Customer Service at 800-4KFC. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

Fraud Associated with Your KFCTT Card or Card Balance

We will not accept any KFCTT Card, or will limit use of any KFCTT Card or KFCTT Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. We do not control who may sell preloaded KFCTT Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, we have no liability to you for any third party fraud or unlawful activity associated with any KFCTT Card balance. If we discover any KFCTT Card or KFCTT Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted KFCTT Cards and retain all related KFCTT Card balances without notice to you. We may use retained KFCTT Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load KFCTT Cards.

Registration, Liability for Unauthorized Transactions

To register your KFCTT Card, please call our customer care number at 800-4KFC. When registering for or purchasing a KFCTT Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your KFCTT Card. If you believe your KFCTT Card has been disabled in error, please call customer care at 800-4KFC . You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your KFCTT Card information. You should treat your KFCTT Card like cash and not disclose your KFCTT Card information to anyone. If your KFCTT Card or KFCTT Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your KFCTT Card, including unauthorized transactions. However, if your KFCTT Card is lost, stolen or destroyed, your KFCTT Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us. If your registered KFCTT Card becomes lost, stolen or damaged, contact us immediately by calling 800-4KFC. Your registered KFCTT Card balance is protected from the time you notify us. We will freeze the remaining balance on your KFCTT Card at the time you notify us and will load that remaining balance on a replacement KFCTT Card.

Privacy Statement

Please read KFCTT Privacy Policy at https://www.kfc.tt/privacy-policy carefully to understand how we and KFCTT collect, use and disclose information about customers, how to update or change your personal information and how we communicate with you.

Changes to This Agreement

We may amend this Agreement at any time. We will post the amended Agreement to our website at https://www.kfc.tt/GiftCard, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing KFCTT Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your KFCTT Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your KFCTT Card and refund any remaining balance to you.

Cancellation of This Agreement

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the KFCTT Card including your failure to provide valid information. For example, transferring balances between different KFCTT Cards solely for the purpose of obtaining cash back is an unauthorized use of the KFCTT Card and if we deem it appropriate to limit our losses we will cancel any such KFCTT Card and retain any balances associated with those KFCTT Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled KFCTT Card(s), less any amounts that you may owe us.

Arbitration

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement, your KFCTT Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the KFCTT Card and your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration

Arbitration Procedures. For all disputes, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the Arbitration Act, Chap 5:01 of the laws of Trinidad and Tobago. Any arbitration will be held in a reasonably convenient location mutually agreed in Trinidad and Tobago. The arbitration will be conducted in the English language before a single arbitrator. The arbitrator is to be appointed by agreement between the parties to the dispute or, if they do not agree within 14 days of one of them giving notice to the other of his nomination, by or on behalf of the Chairman for the time being of the Board of Directors of the Dispute Resolution Centre on the application of any party to the dispute. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago.

Disclaimers and Limits of Liability

We and our affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the KFCTT Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. We do not represent or warrant that your KFCTT Card will always be accessible or accepted.

In the event that we are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your KFCTT Card. We shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall we have any liability for unauthorized access to, or alteration, theft or destruction of a KFCTT Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

Assignment

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.

Entire Agreement, Construction

This Agreement is the complete and exclusive statement of agreement between you and us, and supersedes and merges all prior proposals and all other agreements governing your KFCTT Card (not including KFCTT Privacy Policy https://www.kfc.tt/privacy-policy, the https://www.kfc.tt/ . Terms of Use https://www.kfc.tt/terms-use . If any provision of this Agreement, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Inquiries or Questions

If you have any questions regarding this Agreement or your KFCTT Card, please visit our website at https://www.kfc.tt/ or call us at 800-4KFC.